Commonwealth ex rel. v. Johnston

Citations

• 19 Pa. Super. 241
• 1902 Pa. Super. LEXIS 76

Syllabus

<p>Criminal law — Indictment—Felonious entry into a building.</p> <p>An indictment which charges that the prisoner, “ with force and arms, feloniously did wilfully and maliciously enter the building of the Carnegie Steel Company, an association of limited partnership under the laws of this state, there situate, with intent to commit a felony in said building, contrary to the form,” etc., is sufficient in substance under the Act of April 22, 1863, sec. 2, P. L. 631, which reads: “ If any person shall in the day time, break and enter any dwelling house, shop, warehouse, store, mill, barn, stable, outhouse or other building, or wilfully and maliciously, either by the day or by night, with or without breaking, enter the same, with intent to commit any felony therein, the person so offending shall be guilty of felony.” If the defendant desires more specific information as to the nature of the building, he may obtain it by proper application to the court for a bill of particular's. If he fails to do so and pleads, and goes to trial on the merits and is convicted, he cannot in a habeas corpus proceeding set up the insufficiency of the indictment as a ground for asserting that he is restrained of his liberty unlawfully and against due course of law.</p>